AKAHI NUI GOVERNMENT STATUTES
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SOVEREIGN KINGDOM OF AKUA
Akahi Nui Government Statutes THE SECOND ACT PART 1
Minister of the Interior
Director of Improvement
VOLUME I - PART I
ADMINISTRATION OF INTERNAL IMPROVEMENTS
CHAPTER III OF INTERNAL IMPROVEMENTS
SECTION I. The bureau of internal improvements shall presided over, superintended and managed by the Minister of the Interior, who may assign its immediate duties to a clerk appointed by him.
SECTION II. He shall open and keep a journal of public works and improvements for each of the islands of this kingdom, in which he shall insert all specific instructions given by the king to the respective governors, in regard to the following subjects, over which the said governors shall have supervision and control in their respective islands. He/She shall also insert in said journal all correspondence with them respectively, in relation to,
ARTICLE I. - OF PUBLIC ROADS, HIGHWAYS AND BRIDGES
SECTION I. The respective governors shall, on receiving the king's instructions from the Minister of the Interior, have power to lay out and cause to be constructed, and designated road or highway, or any bridges, in their respective islands, and for that purpose they may in their discretion order out as operatives, any persons sentenced to hard labor, placing the same under the superintendent of an officer; or they my call out to said work, any number of persons not sentenced, but liable to do public work, and who shall not have commuted the labor tax provided in the third part of his act, as therein allowed, compelling such persons to work at such designated improvements, in accordance with the provisions of this article.
SECTION II. In laying out any road or highway, and in planning any bridges, the governors shall respect the private vested rights of property which any private individual may have in the land over which said roads or highways shall be intended to pass, and over which any such bridges shall be intended to extend; and in case in the laying out or planning of any road, highway or bridge, it shall appear that it is likely to take away for the public convenience the private property of any person, the governor shall, before laying out such road or highway, and before planning such bridge, cite the party to be affected thereby, to appear before him/her to show cause why the said road, highway or bridge, should not be constructed over the property.
SECTION III. It shall be lawful for said governor to impanel a jury to assess the value of the private property so to be appropriated to the public use, and also the damages likely to be sustained by the private owner whose verdict shall determine the price to be given for such private property, a certified copy of which verdict shall be transmitted by the governor to the Minister of the Interior.
SECTION IV. The governor of the island in which the road, highway or bridge is to be constructed, shall give to the party in whose favor the verdict of the jury was rendered, a certificate in the following form:
This is to certify, that a jury duly impaneled according to law, have assessed the damages _________ for appropriating to the public use his/her (land or water course or whatever was so appropriated) at ________dollars.
Government house at ________ Island of __________________, this _____ day of ________________________ 20____.
SECTION V. Upon delivery of said certificate to the party in whose favor the verdict was rendered, the property assessed shall revert to the government for the public use intended, without further conveyance, and the holder of said certificate shall present the same to the Minister of the Interior for adjustment, pursuant to the provisions of the succeeding section.
SECTION VI. The Minister of the Interior shall have power to compound with the holder of any such certificate, in any way he may deem most advantageous to the interests of government, by the substitution of other land or other privileges, in lieu of that appropriated for the public good, or he shall have power to draw upon the Minister of Finance for the payment thereof in money.
SECTION VII. The governors shall appoint an overseer of any designated public road, highway or bridge, which in pursuance of this article, may be directed to be constructed, whose compensation shall be regulated by the Minister of the Interior. He shall confide to the management of said overseer the laborers employed thereon, and he shall hold the said overseer responsible for the execution of the public work so confided to his care, by withholding his compensation in case the same shall not have been faithfully or diligently performed.
SECTION VIII. In case there are no persons sentenced to hard labor in the island where such road, highway or bridge is ordered to be constructed, and in case there are no private persons in said island who have not paid the commutation labor tax, provided in the third part of this act, or not a sufficient number of such persons, then the governor shall make an estimate of the probable cost of constructing such public road, highway or bridge, and shall transmit such estimate to the Minister of the Interior, with a summary of the difficulties to be foreseen in constructing the same, who may issue proposals for its construction, by public advertisement in a newspaper, to the lowest bidder. The contract with the lowest bidder founded upon such proposals, shall be entered into in writing, and shall be payable by the minister of finance, upon the order of the of the Minister of the Interior, out of the road taxes of the island is which such public road, highway or bridge shall be constructed.
TABLE OF CONTENTS
PUBLIC MARTS AND MARKETS
ARTICLE II. - OF PUBLIC MARTS AND MARKETS
SECTION I. There shall, from time to time, be established at such places in such of the islands as my be designated by the king, at the instance of the Minister of the Interior, public marts or markets, for the sale of the home products; to which, the Hawaiian vessels engaged in the carrying or coasting trade, resort for supplies of native produce, needed at the ports of more general entry and departure, created in the third part of this act.
SECTION II. The marts or markets for home produce, shall be held at such places as the Minister of the Interior may direct, and shall always be constructed in the mode deemed by the respective governors most suitable to the purposes for which they are intended. The governors shall, when requested so to do by the Minister of the Interior, furnish a plan and estimated cost of any such mart or market, the estimated income to be derived there from to the royal exchequer, and the probable convenience effected thereby to the producers of the island.
SECTION III. Said marts or markets shall be conveniently placed, in the estimation of the governor, and if necessary, shall be covered, to protect the articles offered for sale, from rain. There may be, at the discretion of the governor, compartments of stalls provided therein, for the use of the sellers of produce, which compartments or stalls may be leased yearly, by order of the governor, to the retailers of island produce, the avails of which stalls shall be for the benefit of the royal exchequer.
SECTION IV. It shall be the duty of the respective governors to cause cleanliness to be preserved in and about said marts or markets, and to punish by fine those who suffer articles offered for sale in their stalls to become putrid, and who neglect the cleansing of the same.
SECTION V. The governors shall annually transmit to the Minister of the Interior, an account of the condition of said marts and markets, and shall annually account to the Minister of Finance for the rental of said compartments and stalls. But said governors may, under the instructions of the Minister of the Interior, receive the rental in produce for the use of the government, in lieu of cash.
ARTICLE III. - LIGHTHOUSES, BEACONS AND CHANNELS
SECTION I. The respective governors shall, on receiving the king's instructions from the Minister of the Interior, have power to cause to be erected at any designated points upon the coasts of their respective islands, lighthouses or beacons, for the guidance of vessels at night; and for that purpose maybe required to furnish estimates of the expenses likely to be incurred thereby, and of the probable income likely to accrue to the royal exchequer from such lighthouses and beacons, upon the port charges established by the third of this act.
SECTION II. When any such lighthouses or beacons are found necessary to the commerce of these islands, and are reported upon favorably by the governor, they shall be erected by contract with the lowest bidder, after due advertisement of proposals, as directed in the eighth section of the first article of this chapter.
SECTION III. The governors shall in like manner, under the instruction of the Minister of the Interior, cause the channel of any designated harbor or inlet in their respective islands to be surveyed, pursuant to contract for that purpose entered into by said minister; and shall, on his/her requisition, furnish the contractor with all needed boats and laborers for that purpose, at the government expense, to be certified by said governor.
SECTION IV. The charts and maps of any such surveys, shall be filed in the bureau of the public works, for the use of the interior department.
ARTICLE IV. OF PRISONS AND HOUSES OF CORRECTION
SECTION I. The governors shall, on receiving instructions from the Minister of the Interior, have power to lay out and cause to be constructed, any designated building in their respective islands, to be used as a prison or house of correction; which when so erected, shall become a declared prison or house of correction for the island, wherein may be confined all wrong-doers, and all persons under lawful arrest, awaiting their trials as wrong-doers.
SECTION II. For the purpose of erecting or of repairing any such prison or house of correction, the governors may, in their discretion, order out as operatives, any persons already sentenced to hard labor in their respective islands, placing such sentenced persons under the surveillance of an officer; or, they may call out to the said work, any number of persons not so sentenced, but liable to do public work, and who shall not have commuted the labor tax provided in the third part of this act. They may compel such persons to work at such designated building or repairs, in like manner as is prescribed for the opening of roads and the erection of bridges, in the first article of this chapter.
SECTION III. In case there are not a sufficient number of persons sentenced to hard labor in the island where such prison or house of correction is ordered to be erected or repaired; and in case there are not a sufficient number of persons in said island who have not paid the commutation labor tax as provided in part third of this act; then the governor shall make an estimate of the probable cost of such construction of roads, highways and bridges, in the eighth section of the first article of this chapter; and the said prisons or houses of correction shall be constructed or repaired at the expense of the islands respectively, from the fines and penalties imposed therein.
SECTION IV. The prisons and houses of correction ordered by this article to be constructed, shall in addition to those already in existence, be the legalized prisons of the respective islands, and under the charge of the respective sheriffs, who shall be accountable in damages or in fine, upon their official bonds, or otherwise punished, for all escapes, and for all unnecessarily harsh usage of prisoners, as particularly defined in the fifth part of this act, in the act to organize the judiciary department, and in the criminal code of this kingdom.
SECTION V. The governors may cause suspected persons or others requiring confinement, to be temporarily lodged in said prisons when occasion shall at any time seem to them to justify or require personal restraint; and the sheriffs shall respectively bring up such prisoners to inquire into the legality of their imprisonment whenever required by habeas corpus, as prescribed in the act to organize the judiciary.
SECTION VI. No person shall be held in duress in any such prison or house of correction, by the sheriff or his/her agents, for a longer term than forty-eight hours, without a mittimus duly sighed by some judge, as prescribed in the act to organize the judiciary.
ARTICLE V. - OF THE RESTRAINING AND INPOUNDING OF ESTRAYS
SECTION I. Any horse, mare, mule, ass, swine, goat, or sheep, found at large in any of the islands of this kingdom, or doing damage therein to the property of private persons, or to the property of government, or unmarked as in this prescribed, though not at the time doing damage, shall be denominated an astray, and may be taken up and lodged in the pounds to be established in virtue of this article.
SECTION II. It shall be the duty of the governors, under the direction of the Minister of the Interior, to set apart some proper enclosures on their respective islands, for the impounding of astray, of which and if their location and extent, due notice shall be given by said governors, in some public newspaper.
SECTION III. The respective governors shall appoint some suitable person to be pound master, to have charge of said pounds and shall control his conduct in regard thereto.
SECTION IV. The governors shall cause weekly to be proclaimed viva voce in the streets of the capital of, and in the vicinity of all pounds in their respective islands, the number and kind of animals then impounded, and if ascertained, the names of the owners.
SECTION V. It shall be lawful for the owner of impounded cattle, at any time within two months from the day of first proclaiming the same, to demand, reclaim and take away his or her impounded astray, upon paying to the pound master half a dollar per diem, for the time such astray shall have remained impounded; which per diem shall be paid over to the governor, for the use of the royal exchequer. The owner shall at the same time pay to the pound master, for use of the party aggrieved, the damages which occasioned the impounding of said astray, and all the expense incurred: Provided that the owner of any astray shall not be liable for the payment of any damages occasioned by such astray, nor any expense in impounding the same, unless due notice was given to said owner, if known, and damages demanded of him before impounding.
SECTION VI. The governor shall have power to impanel a jury in cases of dispute, to try the question of astray under the meaning of this article, and the question of damages sustained, upon application for that purpose, and deposit with him of twenty-five dollars, to be forfeited by the claimant or the party impounding, as the verdict of the jury shall determine.
SECTION VII. All animals remaining in the public pounds, unclaimed for more than two months, shall be exposed to public sale by the pound master, by order of the governor, to the highest bidder, and out of the proceeds arising from such sales shall be deducted the damages to the party impounding, to be assessed by the governor for the use of said aggrieved party, without the intervention of a jury, and also all the costs and expenses incurred by impounding the astray and occasioned by the public sale thereof.
The remainder shall be for the use of the royal exchequer.
SECTION VIII. The governors shall quarterly inform the Minister of the Interior, as will of the condition of said pounds, as of the revenue derived there from to the government, and shall quarterly pay over to the minister of finance all pound money received by their respective pound masters.
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VOLUME I - PART IHAS BEEN RE-TYPE FROM THE ORIGINAL VOLUME THAT IS REGISTERED IN THE MONARCHY COURT IN HONOLULU, HAWAII. TO HELP BETTER UNDERSTAND THE STATUE LAWS OF KAMEHAMEHA III. IT HAS BEEN RE-TYPE BY CHAPTERS, ARTICLES AND SECTIONS CONCERNING THE STATUTE LAWS OF THE KANAKA MAOLI KINGDOM. LAWS THAT WAS PASSED ON TO THE KANAKA MAOLI PEOPLES FROM OUR LATE KINGS OF HAWAII.
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SECTION IX. Every owner of cattle, horses, mules, sheep, goats, and swine throughout this kingdom, shall mark the same by branding or otherwise, on pain of forfeiting his animals found at large doing damage or trespassing, and unbranded or unmarked, according to this article. It shall be the duty of such owner to deposit with the governor of the island in which the said animals may be, an impression of his brand or description of his mark, and to receive from said governor a certificate of the fact: for all which the governor shall demand and receive for the use of the royal exchequer, and pay over to the minister of finance, the fees of marking certificates, prescribed in the third part of this act, and shall furnish the minister of the interior with a list of the names of cattle, horse, mule, sheep, goat, ass and swine owners, in their respective islands, and a description of the marks employed by each. Nothing herein contained shall be construed to apply to the young of animals within the age of six months, going unmarked with a dam which is marked.